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HomeMy WebLinkAboutordinance.council.11-2023IIIIIIIiIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECEPTION#: 696006, R: $23.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 3, 07113/2023 at 04:10:49 PM Ingrid K. Grueter, Pitkin County, CO ORDINANCE NO. 11 (SERIES OF 2023) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING A TEMPORARY, NONRENEWABLE ANTI -GROWTH LAW FOR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE PLANS COVERING RESIDENTIAL DEVELOPMENT IN CONFORMANCE WITH THE PROVISIONS OF COLORADO HOUSE BILL 23-1255. WHEREAS, the City of Aspen has for more than 40 years, regulated growth and mitigated the impacts of development utilizing the Growth Management Quota System (GMQS); and, WHEREAS, the Land Use Code, and particularly, aspects of the GMQS have been regularly amended in response to community interests as expressed in the Aspen Area Community Plan; and, WHEREAS, across this history of Land Use Code amendments, elements of and references to the GMQS have been included within various chapters of the Land Use Code; and, WHEREAS, on or about May 12, 2023, the Colorado State Legislature adopted of HB23- 1255, titled Regulating Local Housing Growth Restrictions; and WHEREAS, unless vetoed by the Governor of the State of Colorado by June 12, 2023, the HB23-1255 will become effective on or about August 6, 2023; and WHEREAS, this state law preempts local jurisdictions from implementing or enforcing "anti -growth" land use or building permit limitations for residential development with the intention of encouraging affordable housing in communities across Colorado; and, WHEREAS, the passage of the state law creates uncertainty in its relationship to important aspects of Aspen's Land Use Code, and particularly elements of the GMQS; and, WHEREAS, House Bill 23-1255 includes a provision that allows local jurisdictions to adopt "temporary, nonrenewable anti -growth law(s)" for the purpose of amending or developing land use plans covering residential development for a period not to exceed two -years within a five- year span; and, WHEREAS, Community Development staff has initially evaluated the intersection of House Bill 23-1255 with Aspen's Land Use Code and the specific provisions of the GMQS and recommends a response to this new relationship between local and state law that appreciates the complexity and legacy of Aspen's Land Use Code and provisions of the GMQS; and, WHEREAS, the City of Aspen's Land Use Code as set forth in Title 26 of the Aspen Municipal Code has been a valuable tool for the City's regulation of growth and development and invalidation of any piece therein could have a detrimental effect on the City as a whole. Thus, Ordinance No.11, Series of 2023 Response to Colorado HB 23-1255 Page 1 of 3 rather than attempt to individualize provisions in Title 26 that would be negatively affected by HB23-1255, Aspen City Council recognizes that it would be appropriate to re -adopt the entire code as a temporary anti -growth law as allowed by HB23-1255; and WHEREAS, this Ordinance does not amend or alter in any way the purpose, intent, language, or any specific provisions of Aspen's Land Use Code. The sole effect of this Ordinance is to allow the existing provisions of the Land Use Code, and specifically GMQS, to remain in effect while the Land Use Code is further evaluated, and amendments proposed to bring the code into full conformance with Colorado HB 23-1255; and WHEREAS, the Community Development Department may need assistance from third party consultants to complete the task of analyzing the current Land Use Code and regulations as contemplated herein, the City Council hereby authorizes the expenditure of City funds and directs the City Manager to engage one or more consultants to assist the Community Development Department pursuant to her procurement emergency authority; and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The applicability and effect of Title 26 of the Municipal Code of the City of Aspen, in its entirety, and as may be amended from time to time, is hereby extended for a period of twenty-four months from the effective date herein, as a temporary, non-renewable anti -growth law in conformance with the provisions of Colorado HB 23-1255. Section 2• The City Council hereby authorizes the expenditure of City funds and directs the City Manager to engage one or more consultants to assist the Community Development Department pursuant to her procurement authority to assist completion of the tasks of analyzing the current Land Use Code and regulations as contemplated herein. Section 3 Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 4• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or Ordinance No.11, Series of 2023 Response to Colorado HB 23-1255 Page 2 of 3 amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 5• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6• A public hearing on this ordinance was held on the 20th day of June 2023, at a regular meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 7• This Ordinance shall be effective immediately upon the date and time that BB 23-1225 shall become effective and shall remain in place for two years following that effective date and time unless previously rescinded or amended by Ordinance of the City Council. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 6th day of June 2023. ATTEST: c Nicole Henning, City (Mork Torre, Mayor FINALLY, adopted, passed and approved this 20th day of June 2023. Torre, Mayor ATTEST: �q r Nicole Henning, City CI APPROVED AS TO FORM: James R. True, City Attorney Ordinance No.11, Series of 2023 Response to Colorado HB 23-1255 Page 3 of 3